This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

15633 

Vol. 79, No. 55 

Friday, March 21, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1145 

[Doc. No. AMS–DA–14–0018] 

Extension of Dairy Forward Pricing 

Program 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule extends the 

Dairy Forward Pricing Program in 

accordance with the Agricultural Act of 

2014 (2014 Farm Bill). The Dairy 

Forward Pricing Program was first 

authorized in section 1502 of the Food, 

Conservation and Energy Act of 2008. 

The program allows handlers regulated 

under the Federal milk marketing order 

program to pay producers and 

cooperative associations in accordance 

with the terms of a forward contract and 

not have to pay the minimum Federal 

order uniform price for milk. 

Establishing new contracts under the 

Dairy Forward Pricing Program has been 

prohibited since the expiration of the 

program on September 30, 2013. The 

2014 Farm Bill (H.R. 2642) was signed 

into law on February 7, 2014, and 

extends the program to allow new 

contracts to be entered into until 

September 30, 2018. Any forward 

contract entered into up and until the 

September 30, 2018, deadline is subject 

to a September 30, 2021, expiration date 

to meet the terms of the contract. 

DATES: Effective March 24, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Roger Cryan, Director, Economics 

Division, USDA/AMS/Dairy Programs, 

Stop 0229—Room 2753–S, 1400 

Independence Avenue SW., 

Washington, DC 20250–0231, (202) 720– 

7091, email address: roger.cryan@

ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule extends the Dairy Forward Pricing 

Program (DFPP) in accordance with the 

2014 Farm Bill. The 2008 Food, 

Conservation and Energy Act (2008 

Farm Bill) (Pub. L. 110–246) initially 

established the DFPP, which prohibited 

new forward contracts from being 

entered into after September 30, 2012, 

and no forward contracts entered into 

under the program extending beyond 

September 30, 2015 (7 U.S.C. 8772(e)). 

Passage of the ‘‘American Taxpayer 

Relief Act of 2012,’’ (ATRA) (Pub. L. 

112–240), signed into law on January 2, 

2013, revised the program to allow new 

contracts to be entered into until 

September 30, 2013. New contracts have 

been prohibited since then. 

The DFPP (7 U.S.C. 8772, 7 CFR 1145) 

allows handlers, under the Agricultural 

Marketing Agreement Act of 1937, 

(AMAA) (7 U.S.C. 601–612), to pay 

producers or cooperative associations of 

producers a negotiated price, rather than 

the Federal order minimum blend price 

for producer milk if subject to 

conditions and terms of a forward 

contract, provided the volume of such 

milk does not exceed the handler’s Class 

II, III, and IV utilization for the month 

on the order that regulates the milk. The 

program applies to producer milk 

regulated under Federal milk marketing 

orders that is not classified as Class I 

milk or milk otherwise intended for 

fluid use and that is in the current of 

interstate or foreign commerce or 

directly burdens, obstructs, or affects 

interstate or foreign commerce of 

Federally regulated milk. The Federal 

milk marketing order program consists 

of 10 Federal milk marketing orders (7 

CFR parts 1001–1135). 

This document provides notice that 

producers and cooperative associations 

of producers may now enter into 

forward price contracts under the DFPP 

through September 30, 2018, and that 

all terms of the forward contract must 

expire prior to September 30, 2021. All 

other provisions and requirements of 

the program as provided for in the final 

rule published October 31, 2008 (73 FR 

64868) are still in effect. 

Discussion of Rules Applicable to 

Program 

Section 1502 of the 2008 Farm Bill 

required the Secretary of Agriculture to 

establish a Dairy Forward Pricing 

Program. Authorization for this program 

expired on September 30, 2013, under 

the provisions of the ATRA. The DFPP 

allows a handler to forward contract for 

an amount of milk up to the volume of 

Class II, III, and IV milk pooled on the 

order by the handler under the AMAA, 

as amended, during a month and be 

exempt from the minimum Federal 

order blend price provisions for that 

milk. USDA, including Market 

Administrator personnel, does not 

determine the terms of forward 

contracts or enforce negotiated prices. 

For producers who consider forward 

contracting as a risk-management tool, 

the ‘‘benchmark’’ price for milk is the 

minimum Federal order blend price that 

they would receive in the absence of a 

forward contract. It is reasonable to 

expect a producer to negotiate a forward 

contract that would approximate the 

minimum blend price plus applicable 

premiums averaged over the forward 

contract period. Over time, it is 

reasonable to expect to see forward 

contract prices paid to producers below 

the applicable minimum order blend 

price in some months and above the 

minimum order blend price in others. 

Participation in the dairy forward 

pricing program is voluntary for dairy 

farmers, dairy farmer cooperatives, and 

handlers. Handlers may not require 

producer participation in a forward 

pricing program as a condition for 

accepting milk. A producer or 

cooperative association may continue to 

have its milk priced under the 

minimum payment provisions of the 

applicable milk order. 

Any ‘‘handler’’ defined in 7 CFR 

§ 1000.9 is eligible to enter into a 

forward contract(s) with producers or 

cooperatives of producers. As defined in 

that section, ‘‘handler’’ includes not 

only the operator of a pool plant or 

nonpool plant, but also a broker serving 

as a handler as provided in § 1000.9(b), 

a proprietary handler, and a cooperative 

association acting as a handler with 

respect to non-member milk delivered 

to a pool plant or diverted to a nonpool 

plant. Nothing in this regulation affects 

any contractual arrangements between a 

cooperative association and its 

members. 

A handler’s combined Class II, III, and 

IV producer milk utilization is defined 

in 7 CFR part 1145 as the handler’s 

‘‘eligible milk.’’ In the case of a multiplant handler, the handler’s Class II, III, 

and IV producer milk utilization will be 

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15634 Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Rules and Regulations 

combined together for all of the 

handler’s milk regulated under one milk 

marketing order. A handler will only be 

exempt from paying the milk marketing 

order’s minimum blend price on its 

volume of ‘‘eligible milk.’’ If a handler 

enters into forward contracts for more 

than the eligible milk volume (‘‘overcontract’’ milk), the handler must notify 

the Market Administrator. If the handler 

fails to notify the Market Administrator 

of payment adjustments, the Market 

Administrator will prorate the overcontract milk to each producer and 

cooperative association having a 

contract with the handler. 

Although handlers participating in 

the program will not be required to pay 

producers and cooperative associations 

the minimum uniform blend or 

component prices for contract milk, 

they must continue to account to the 

pool for all milk they receive at the 

respective milk marketing order’s 

minimum class prices. In the case of 

milk received by a transfer from a 

cooperative association’s pool plant, a 

handler may forward contract for all 

such transferred milk that is not used in 

Class I. 

In many milk markets, nonpool plants 

regularly receive pooled milk from milk 

producers who are not members of a 

cooperative association. This milk is 

actually pooled by a pool plant operator 

or by a cooperative association through 

its deliveries to a pool plant. The nonmember milk delivered to a nonpool 

plant is reported under the milk 

marketing order program as producer 

milk diverted to a nonpool plant by the 

cooperative association on its monthly 

report of receipts and utilization to the 

Market Administrator. Alternatively, if a 

cooperative association is not involved 

in the transaction, such milk could be 

reported by a pool plant operator on its 

monthly report of receipts and 

utilization. 

Many nonpool plant operators who 

receive non-member milk that is pooled 

through another handler issue checks to 

the nonpool plant’s non-member 

producers. They submit their payrolls 

showing these payments to the Market 

Administrator. Nevertheless, these 

nonpool plant operators are not 

responsible under the milk marketing 

order program for paying their nonmember producers the minimum 

Federal milk marketing order price; it is 

the handler (either the cooperative 

association or pool plant operator) that 

pools the milk for such nonpool plants 

that is responsible for an underpayment 

under the milk marketing order 

program. 

Accordingly, only producer milk that 

is subject to forward contracting with a 

handler in compliance with the DFPP 

will be exempt from the order’s 

minimum blend price provisions. In the 

case of non-member milk that is 

reported as producer milk by a 

cooperative association handler or pool 

plant operator, but pay rolled by a 

nonpool plant operator, the cooperative 

association or pool plant operator, 

respectively, will be responsible for any 

underpayment to a non-member 

producer in the event that milk under 

contract becomes subject to minimum 

milk marketing order pricing (as in the 

case of over-contract milk). In this way, 

cooperative association handlers, pool 

plant operators, and nonpool plant 

operators may continue the 

arrangements that have evolved to pool 

milk under the Federal milk marketing 

order program and all will be permitted 

to participate in the forward contracting 

program. 

Any handler participating in the 

program will continue to file all of the 

reports that are required under the 

applicable Federal milk marketing 

order. This includes reports of receipts 

and utilization of milk and monthly 

payroll reports that show all 

information required by the orders. The 

notable difference, however, for 

handlers participating in the DFPP are 

that they must also provide more 

detailed accounting in their monthly 

payroll reports to the Market 

Administrator and remittance 

information provided to participating 

producers (7 CFR 1ll.31, 1001.73(e), 

1005.73(e), 1006.73(e), 1007.73(e), 

1030.73(f), 1032.73(f), 1033.73(e), 

1124.73(f), 1126.73(e), 1131.73(e)). In 

accordance with these provisions, the 

monthly payroll report of participating 

handlers is required to contain detailed 

accounting that distinguishes gross 

values paid for applicable volumes of 

contract versus non-contract milk for 

each producer. Remittance information 

from participating handlers to 

participating producers must clearly 

distinguish gross values and volumes 

for contract versus non-contract milk. 

These distinctions avoid any questions 

concerning compliance with Federal 

order minimum price requirements for 

participant milk not under contract. 

As with the DFPP, handlers 

participating in the Federal order 

program must submit to the Market 

Administrator a copy of each contract 

for which it claims exemption from the 

order’s minimum blend pricing 

provisions. The contract must denote 

the pricing terms for contract milk. The 

contract must be signed prior to the first 

day of the first month for which the 

contract applies and must be received 

by the Market Administrator by the 15th 

day of that month. For the first month 

that the program is effective, contracts 

must be signed on or after the day on 

which the program becomes effective. 

For example, if the program becomes 

effective on February 15, contracts for 

March milk must be signed between 

February 15 and February 28, and 

copies must be received by the Market 

Administrator by March 15. 

Each handler must give each 

contracting dairy farmer or cooperative 

association a disclosure statement 

informing them of the nature of the 

program and providing certain 

information that should be considered 

before entering into a forward contract. 

It is important that producers clearly 

understand on what basis they are being 

paid for contract milk. The disclosure 

statement must be signed on the same 

date as the contract by the dairy farmer 

or cooperative association 

representative and will have to be 

returned by the handler to the Market 

Administrator together with the 

contract. The disclosure is less than one 

page long and can easily be 

incorporated into the body of the 

forward contract itself or can be handled 

as a supplement that may be attached to 

the forward contract. Any contract that 

is submitted to the Market 

Administrator without the disclosure 

statement will be considered to be 

invalid for the purpose of being exempt 

from the order’s minimum pricing and 

will be returned to the handler. 

Producers who are not members of a 

cooperative association should be aware 

that their milk weights and tests will 

continue to be handled in the same way 

by the Market Administrator even if 

they choose to enter into a forward 

contract which prices their milk on a 

different basis than the milk marketing 

order in which their milk is pooled. For 

example, if a producer in the 

Appalachian Order, which prices the 

milk of dairy farmers on the basis of 

skim milk and butterfat, enters into a 

contract that prices milk on the basis of 

protein, butterfat, other solids, and 

somatic cell count, the producer will 

only receive data from the Market 

Administrator on the skim and butterfat 

components to compare against the 

buying handler’s test data. If the 

producer wants to verify other 

component tests, they must do so at 

their own expense. 

Handlers with forward contracts 

remain subject to all other milk 

marketing order provisions. Payments 

specified under a forward contract must 

be made on or before the same dates as 

order payments which they replace. If 

handlers paid producers under contract 

at different times than producers not 

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Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Rules and Regulations 15635 

under contract, disorderly conditions 

might occur. Payments for milk covered 

under forward contract are required to 

be made by the dates specified in 

§ 1145.2(e) of the regulations. 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health, and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This action has 

been designated as a ‘‘non-significant 

regulatory action’’ under § 3(f) of 

Executive Order 12866 and therefore 

has not been reviewed by the Office of 

Management and Budget (OMB). 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have a 

retroactive effect. There are no 

administrative procedures which must 

be exhausted prior to judicial challenge 

to the provisions of this rule. 

Executive Order 13175 

This rule has been reviewed for 

compliance with Executive Order 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments.’’ The 

review reveals that this rule will not 

have substantial and direct effects on 

Tribal Governments and will not have 

significant Tribal implications. AMS 

consulted with the USDA Office of 

Tribal Relations in development of this 

proposed rule and believes that it will 

not impact or have direct effects on 

Tribal governments and will not have 

significant Tribal implications. AMS 

continues to consult with the USDA 

Office of Tribal Relations to collaborate 

meaningfully to develop and strengthen 

departmental regulations. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

The legal basis for this rule was first 

set forth in the 2008 Farm Bill, which 

prohibited new forward contracts from 

being entered into after September 30, 

2012, and no forward contracts entered 

into under the program extending 

beyond September 30, 2015 (7 U.S.C. 

8772(e)). Passage of the ATRA revised 

the program to allow new contracts to 

be entered into until September 30, 

2013. The 2014 Farm Bill has again 

extended the program so that producers 

and cooperative associations of 

producers may now enter into forward 

price contracts under the DFPP through 

September 30, 2018, and that all terms 

of the forward contract must expire 

prior to September 30, 2021. All other 

provisions and requirements of the 

program as provided for in the final rule 

published October 31, 2008 (73 FR 

64868) are still in effect. 

In accordance with the Regulatory 

Flexibility Act (5 U.S.C. 601–612), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities and has 

certified that this rule will not have a 

significant economic impact on a 

substantial number of small entities for 

the reasons stated herein. For the 

purpose of the Regulatory Flexibility 

Act, a dairy farm is considered a small 

business if it has an annual gross 

revenue of less than $750,000, and a 

dairy products manufacturer is a small 

business if it has fewer than 500 

employees. 

For the purposes of determining 

which dairy farms are small businesses, 

the $750,000 per year criterion was used 

to establish a production guideline of 

500,000 pounds per month. Although 

this guideline does not factor in 

additional monies that may be received 

by dairy producers, it should be an 

inclusive standard for most small dairy 

farmers. For purposes of determining a 

handler’s size, if the plant is part of a 

larger company operating multiple 

plants that collectively exceed the 500- 

employee limit, the plant will be 

considered a large business even if the 

local plant has fewer than 500 

employees. 

During an average month in 2012, the 

milk of 40,750 dairy farmers was pooled 

throughout the Federal milk marketing 

order system. Of the total, an estimated 

38,305 dairy farmers, or 94 percent, 

were considered small businesses. 

During the same time period, there was 

an average of 237 pool handlers per 

month with milk priced and pooled on 

a Federal milk marketing order. Of this 

total, approximately 126, or 53 percent, 

were considered small businesses. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

The reporting and recordkeeping 

requirements for this rule are minimal. 

Section 1601 of the 2014 Farm Bill 

provides that the extension of the Dairy 

Forward Pricing Program shall be made 

without regard to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35). Although exempted, the 

requirements of the Paperwork 

Reduction Act were considered in 

developing the provisions of this rule. 

The provisions extending the Dairy 

Forward Pricing Program have been 

carefully reviewed and every effort has 

been made to minimize recordkeeping 

costs or requirements. 

Any handler that enters into a forward 

contract with a producer or cooperative 

association of producers must have 

written proof of such an arrangement. 

To meet other requirements for 

participation in this program, a handler 

must submit a copy of each forward 

contract with a producer or cooperative 

association of producers to the market 

administrator of the order which 

regulates the milk. Submitting this 

information to the milk market 

administrator is estimated to take 5 

minutes or less. The handler must 

attach a disclosure statement to each 

forward contract, or otherwise make 

such statement part of the contract. The 

disclosure statement must be signed by 

each producer or cooperative 

representative entering into a forward 

contract. The disclosure statement 

explains that producers or cooperative 

associations of producers entering into 

forward contracts forfeit their rights to 

receive the minimum order price(s) for 

that portion of their milk that is subject 

to the contract for the duration of the 

contract period. Preparing the contract 

and attaching or including the 

disclosure statement is estimated to take 

20 minutes or less per contract. 

Any handler participating in the 

program will continue to file all of the 

reports that are required under the 

applicable Federal milk marketing 

order, as authorized under the AMAA. 

The information collection requirements 

contained in the Federal milk marketing 

order program have been previously 

approved by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act of 1995 and have been 

assigned OMB Control Number 0581– 

0032. This includes reports of 

utilization of milk and monthly payroll 

reports that show information required 

by the orders. Taking into account the 

Dairy Forward Pricing Program, the 

monthly payroll report of each 

participating handler and the support 

statement sent from each participating 

handler to each participating producer 

must contain detailed accounting that 

distinguishes total rates used in making 

payment and volumes for milk under 

forward contract. While the resulting 

changes in burden are exempt from the 

Paperwork Reduction Act, slight 

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15636 Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Rules and Regulations 

1A Revocation of the Statement of Policy was 

published in the Federal Register on October 28, 

2013 (78 FR 64194). 

modifications to the currently approved 

‘‘Handler’s Report for Producer Payroll’’ 

form have been submitted to the OMB. 

If a handler’s contract milk exceeds 

the handler’s eligible milk for any 

month in which the specified contract 

price(s) are below the order’s minimum 

prices, the handler must designate 

which producer milk shall not be 

contract milk. Preparing this 

notification is estimated to take 5 

minutes or less. If the handler does not 

designate the suppliers of the overcontracted milk, the market 

administrator shall prorate the overcontracted milk to each producer and 

cooperative association having a 

forward contract with the handler. 

The primary sources of data used to 

complete these reports are routinely 

used in most business transactions. The 

additional reporting requirements 

required by this rule typically only 

require a minimal amount of data 

processing time, and the information 

collection and reporting burden is 

relatively small. Requiring the same 

reports for all handlers does not 

significantly disadvantage any handler 

that is smaller than the industry 

average. 

USDA does not expect the forward 

contracting program to unduly burden 

small entities or impair their ability to 

compete in the marketplace. In its 

simplest form, a forward contract 

between a milk buyer and a milk 

producer (or cooperative) is an 

agreement to sell a stated quantity of 

milk for a specified period at a stated 

price. Producers and handlers are able 

to ‘‘lock-in’’ prices, thereby minimizing 

risks associated with price and income 

volatility and enhancing their ability to 

obtain new or continued financing. By 

providing another tool to possibly 

reduce price risk, the program may aid 

small businesses in competing with 

larger entities that currently utilize 

futures and options markets, among 

other means, to reduce price volatility. 

Final Action 

In accordance with the 2014 Farm 

Bill, this final rule extends the Dairy 

Forward Pricing Program applicable 

under all Federal milk marketing orders. 

New contracts under the Program may 

be entered into until September 30, 

2018. Any forward contract entered into 

up to and until the September 30, 2018, 

deadline is subject to a September 30, 

2021, expiration date. 

Subtitle F of Title I of the 2014 Farm 

Bill provides that the promulgation of 

these regulations shall be made without 

regard to the Paperwork Reduction Act 

(44 U.S.C. Chapter 35), the Statement of 

Policy of the Secretary of Agriculture, 

effective July 24, 1971 (36 FR 13804),1

and the notice and comment provisions 

of section 553 of Title 5, United States 

Code. 

These provisions are made final in 

this action, and for the same reasons 

good cause exists for making this rule 

effective one day after publication in the 

Federal Register. To do otherwise 

would be impracticable, unnecessary, 

and contrary to the public interest. (5 

U.S.C. 553; 5 U.S.C. 808) 

List of Subjects in 7 CFR Part 1145 

Contract, Forward contract, Forward 

pricing, Milk. 

For the reasons set forth in the 

preamble, Title 7, chapter X, Part 1145 

is amended as follows: 

PART 1145—DAIRY FORWARD 

PRICING PROGRAM 

■ 1. The authority citation for 7 CFR 

part 1145 continues to read as follows: 

Authority: 7 U.S.C. 8772. 

■ 2. Amend § 1145.2 by revising 

paragraph (b) to read as follows: 

§ 1145.2 Program. 

* * * * * 

(b) No forward price contract may be 

entered into under the program after 

September 30, 2018, and no forward 

contract entered into under the program 

may extend beyond September 30, 2021. 

* * * * * 

Dated: February 19, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–06189 Filed 3–20–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1216 

[Document Number AMS–FV–13–0042] 

Peanut Promotion, Research, and 

Information Order; Amendment to 

Primary Peanut-Producing States and 

Adjustment of Membership 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule adds the State of 

Arkansas as a primary peanut-producing 

State under the Peanut Promotion, 

Research, and Information Order 

(Order). The Order is administered by 

the National Peanut Board (Board) with 

oversight by the U.S. Department of 

Agriculture (USDA). This rule also adds 

a seat on the Board for the State of 

Arkansas. Under the Order, primary 

peanut-producing States must maintain 

a 3-year average production of at least 

10,000 tons of peanuts. Arkansas’s 

peanut production meets this 

requirement. Primary peanut-producing 

States also have a seat on the Board. 

This action was recommended by the 

Board and ensures that the Board’s 

representation reflects changes in the 

geographical distribution of the 

production of peanuts. 

DATES: Effective: March 24, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Promotion and Economics Division, 

Fruit and Vegetable Program, AMS, 

USDA, Stop 0244, 1400 Independence 

Avenue SW., Room 1406–S, 

Washington, DC 20250–0244; telephone: 

(202) 720–9915; facsimile: (202) 205– 

2800; or electronic mail: 

Jeanette.Palmer@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Order (7 CFR part 

1216). The Order is authorized under 

the Commodity Promotion, Research, 

and Information Act of 1996 (1996 Act) 

(7 U.S.C. 7411–7425). 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules and promoting 

flexibility. This action has been 

designated as a ‘‘non-significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

(OMB) has waived the review process. 

Executive Order 13175 

This action has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The review reveals that 

this regulation will not have substantial 

and direct effects on Tribal governments 

and will not have significant Tribal 

implications. 

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